Drug Possession
MCA 45-9-102 — any dangerous drug beyond what the marijuana law allows, up to 5 years and $5,000, with a deferred sentence presumed the first time
Possessing any dangerous drug, beyond what the marijuana law allows or for which it sets no penalty, is criminal possession, with up to 5 years in the state prison, a fine of up to $5,000, or both.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
A first violation. A person convicted of a first violation is presumed entitled to a deferred imposition of the sentence of imprisonment.
Using or possessing paraphernalia to grow, make, store, inject, ingest or inhale a dangerous drug is a misdemeanor with up to 6 months and $500, outside what the marijuana law allows, and a first violation is presumed entitled to a deferred sentence too.
Sources for this section (2)
- MCA 45-9-102 — Criminal possession of dangerous drugs
- MCA 45-10-103 — Criminal possession of drug paraphernalia
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.